Premises Liability

The state of Florida is a property owner's paradise. Beautiful weather, countless tourists and consumer driven residents make the Sunshine State a prominent shopping and business environment. When individuals enter their property, the owners and proprietors have an obligation to provide a safe and secure environment for them. When they fail to do so, those in their care can be subject to serious dangers.

Premises liability is the legal term for the responsibility of property owners or proprietors for the issues that develop on their land. Apartment, office and shop owners are all required to abide by safe practices. When they are unable to keep those around them safe, the injured individual has the right to file suit in the form of personal injury litigation.

If you or a loved one has been injured due to the negligent actions (or inaction) of a property owner, it is vital that you work with a capable attorney who can effectively navigate through the complex legal waters towards a favorable solution that compensates you for the related costs.

Melbourne Premises Liability Attorney

When tragedy strikes, a quick response is paramount. With qualified representation, a premises liability case can be undertaken in a professional and productive manner. Our attorney is well versed in these cases and have years of proven experience helping residents and visitors of Central Florida.

Focused on providing comprehensive representation, we take control of every element of your premises liability case, from gathering evidence and interviewing witnesses, to technical analysis of the scene and evaluating the cost of your injuries. Personal injury litigation must be undertaken by those who understand the risks involved, and our firm is ready to fight for your rights against the selfish interests of those who are looking to protect themselves and their bottom line.

As a Melbourne based legal practice, our firm is a convenient option for individuals and families throughout Brevard County, Florida, including Palm Bay, Satellite Beach, Palm Shores, Cocoa, Cape Canaveral, and Rockledge. We are also committed to a quick response and timely representation, so we will immediately begin your case following an initial consultation. To schedule a time to meet with an attorney and go over your premises liability case, please call (321) 586-9944 or send an online message today.

These instances of premises liability will be used to start developing a list of damages to pursue. Damages are the costs related to the injuries and include monetary and nonmonetary elements. The most common of these damages include:

Anguish

Loss of wages

Medical bills

Disfigurement

Loss of companionship and society

Mental or emotional pain and suffering

Physical impairment and/or

Physical pain and suffering

Premises Liability and Criminal Acts

There is a possibility that an injury incurred on private or commercial property was the result of criminal activity. Just like in any other situation, it is the obligation of the proprietor to provide a safe environment. There are limits to this liability, though.

According to §768.0705 or the Florida Statutes, the owner or operator of a business that takes certain measures against criminal activity may be limited in their potential liability. The statute lists the following factors needed to keep from being held fully liable for an injury:

A security camera system capable of recording and retrieving an image to assist in offender identification and apprehension.

A drop safe or cash management device for restricted access to cash receipts.

A lighted parking lot illuminated at an intensity of at least 2 foot-candles per square foot at 18 inches above the surface.

A conspicuous notice at the entrance, which states that the cash register contains $50 or less.

Window signage that allows a clear and unobstructed view from outside the building, and in a normal line of sight of the cash register and sales transaction area.

Height markers at the entrance of the convenience business which display height measures.

A cash management policy to limit the cash on hand at all times after 11 p.m.

A convenience business shall not have window tinting that reduces exterior or interior view in a normal line of sight.

§812.174 goes on to state that the owner or principal operator of a convenience business or convenience businesses shall provide proper robbery deterrence and safety training by an approved curriculum to its retail employees within 60 days of employment.

Proving Negligence in Premises Liability

In order to prove liability in a personal injury case, there are four elements that need to be analyzed. These elements are duty, breach, causation and damages. In simple terms, the following must be proven so that you can proceed with a premises liability case:

The injured party must be able to prove a condition existed on the premises that posed an unreasonable risk of harm to anyone present on the premises.

The person in possession of the premises knew or should have known the condition on the premises posed an unreasonable risk of harm.

The owner or landlord should have reasonable knowledge that a guest on the property would not have been able to discover the danger or they would not be able to protect themselves from the danger.

The landlord or owner was negligent when the condition was created, or they knew about the condition and failed to correct it.

The guest on the premises must have been injured.

The dangerous condition on the premises must have caused the injury.

Another factor that needs to be taken into account is the status of the injured individual. A premises liability claim could hinge on the details of whether you were invited onto the property or not. Simply put, there are three types of designations in premises liability: Invitee (invited by owner), Licensee (permission to enter property, but without invitation) and Trespasser (no permission, no invitation). From these three, it can be assumed that a trespasser will have a very difficult time proving negligence, considering the fact that he or she was unlawfully on the property.

Premises Liability Resources

Premises Liability Statutes – To proceed in a premises liability case, it is vital that you know the precise legal wording as provided in the Florida Statutes. This link will send you to the section of the statutes related to negligence and the limitation on premises liability.

Brevard County Civil Court – If you are considering litigation, it is also important to have a strong understanding of the legal and court process. This links you to the Brevard County Clerk of the Court website. You can find information on case searches, frequently asked questions, forms, reports and the civil side of Florida law.

Florida Building Codes - The building code within the state can allow you and your attorney to immediately identify structural problems, which can help prove negligence. This link sends you to a page that contains many of the various Florida commercial building codes, including structural, plumbing, mechanical, electrical and fire.

The Law Offices of James B. Coulter | Brevard County Premises Liability Lawyer

As a customer or visitor, your safety should be on the forefront of the owner or proprietors mind. When they fail in their duties, serious injuries can occur. When this happens, having a qualified and experienced attorney at your side can help you regain the money lost due to the various costs, while also holding the responsible party accountable and liable for their actions.

We prepare meticulously for the possibility of trial in each case because it gives our clients leverage in negotiations and the best chance for success. Through a firm resolve and aggressive trial advocacy, we have helped many clients protect their rights, freedom, and future.

The Law Offices of James B. Coulter is a Melbourne-based legal practice, making us a convenient option for individuals and families throughout Central Florida, including the cities of Satellite Beach, Indialantic, West Melbourne, Melbourne Beach, Indian Harbour Beach, and Malabar among many others.

Schedule your free initial consultation with James Coulter of The Law Offices of James B. Coulter to go over the details of your case, contact us at (321) 586-9944 or send an online message.

The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.

We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until after an attorney-client relationship has been established.